On
Her Terms
On Her Terms is a Territory wide campaign that aims to
inform all Territorians about matters relating to the Northern Territory (NT)
Medical Services Act, particularly in relation to termination of pregnancy and
the broadening of access to the abortion drug RU486. On Her Terms is advocating
for changes to the NT Medical Services Act to allow doctors to legally
prescribe RU486 for the termination of pregnancy. To achieve this aim On Her
Terms uses an online presence through social and digital media, as well as
community engagement and education, and political lobbying.
NT
Medical Services Act
Under current NT legislation, the termination of
pregnancy can only be done surgically, in a hospital and with a specialist
doctor. Two doctors must agree that a termination of pregnancy procedure is needed.
This law is linked to the Criminal Code.
Definition
Termination of pregnancy, also referred to as abortion, is
very common. Around 1,000 women end their pregnancies every year in the NT and
about 4,000 babies are born.
Surgical termination of pregnancy is commonly provided up
to 12 weeks gestation, performed in a hospital and usually requires a general
anaesthetic.
Medical termination of pregnancy can be provided up to 9
weeks gestation. A woman is required to see a health care provider who examines
her. If the procedure is considered necessary, the woman is counselled, and given
the medical pills called RU486 (mifepristone and misoprostol). This drug has
been available in other countries, including France, Sweden and the United Kingdom,
for more than 20 years. RU486 has been on the pharmaceutical benefit scheme
since 2013. It is also on the World Health Organization’s list of ‘Essential Medicines’.
Our
response
On Her Terms believes the current NT Medical Services Act
is outdated. RU486 has been available in Australia since 2006. The NT is the
only jurisdiction in Australia where it is illegal to prescribe RU486 for
termination of pregnancy.
The current alternative to RU486 is surgical termination
of pregnancy, which must be performed in a hospital in Darwin or Alice Springs.
This restricts access for 1 in 4 NT women who live outside of these regions. It
also unfairly impacts on Aboriginal and Torres Strait Islander women who are
more likely to live in remote parts of the Northern Territory.
On Her Terms believes that accredited doctors,
including General Practitioners, are better placed to provide the comprehensive
care required for women who choose to terminate their pregnancy, through the
provision of accessible, timely and non-threatening health care.
Recommendations
1. That all reference to termination of pregnancy or abortion in
any form be removed from the Criminal Code Act.
2. That the Medical
Services Act be amended to clarify that medical termination of pregnancy,
including RU486, can be administered by appropriately qualified medical
practitioners (including accredited general practitioners) in the Northern
Territory, including outside of a hospital setting.
3. That the laws be
amended so that a minor’s capacity to give consent be assessed by an
appropriately qualified medical practitioner and if capable, give consent for
termination. If deemed incapable of providing such consent only one person
having authority in law be sufficient to provide consent on behalf of the
minor.
4. That the laws be
amended to ensure doctors who have a conscientious objection to termination
refer a woman to a medical practitioner who does not hold such an objection as
soon as practicable.
5. That the Medical
Services Act be amended to only require the approval of one medical
practitioner to approve termination of pregnancy up to the first 14 weeks of
pregnancy and a woman should not be required to justify that termination is
necessary to prevent physical and mental harm to herself